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(영문) 서울중앙지방법원 2018.06.08 2016가합555127
소유권이전등기
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 193,819,00 for the Plaintiff (Counterclaim Defendant) and its amount from May 20, 2017 to June 8, 2018.

Reasons

1. Basic facts

A. On June 24, 2016, the Plaintiff exchanged each real estate listed in attached Table 1 owned by the Plaintiff (hereinafter collectively referred to as “Ddong building”) and each real estate listed in attached Form 2 owned by the Defendant (hereinafter collectively referred to as “instant real estate”). On July 29, 2016, the scheduled date for each ownership transfer registration following the exchange between the Plaintiff and the Defendant, the Plaintiff entered into a real estate difference exchange contract (hereinafter referred to as “the instant difference exchange contract”) with the content that the Plaintiff pays KRW 20 million to the Defendant on the same day, and paid KRW 50 million to the Defendant as the down payment.

B. The grounds that the difference between the instant real estate and the Ddong building is calculated as KRW 20 million are as follows.

First, the Plaintiff and the Defendant assessed the value of the instant real estate as KRW 5.5 billion and the value of the Plaintiff’s Ddong building as KRW 3.5 billion.

Then, at the 5.5 billion won value of the instant real estate, the Plaintiff acquired the real value of the instant real estate as KRW 1.3 billion by taking over the amount of the secured debt of the right to collateral security established on the instant real estate and the total amount of KRW 2.2 billion to the lessees of each section of exclusive ownership of the instant real estate (=5.2 billion - the amount of the secured debt of the right to collateral security - the amount of KRW 2.2 billion - the amount of the secured debt of the right to collateral security - the amount of the secured debt of the right to collateral security - the amount of KRW 2.2 billion which is the amount of the secured debt of the right to collateral security established on the instant building at KRW 3.5 billion and the amount of KRW 2.2 billion to the lessee of the said building by the Defendant to take over the real value of the instant real value of the D real estate at KRW 1.28 billion (3.5 billion - the amount of the secured debt of the right to collateral security - KRW 2.2 billion).

C. In the instant case, “A” No. 4 of the real estate difference exchange contract prepared pursuant to the instant difference exchange contract is as follows.

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